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Robert Alan Ries v. Oregon

Paid petition · Court of Appeals of Oregon, No. A164303 · judgment July 25, 2018

Certiorari denied · May 13, 2019
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

The Fourth Amendment to the Constitution provides, in part, that “no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Does a warrant commanding the police to seize a blood sample from a person with an entirely different name than the defendant violate the Fourth Amendment’s particularity requirement, even if the warrant is based on an affidavit that correctly names the defendant?

Counsel of record

For petitioner
Bear Wilner-Nugent
Bear Wilner-Nugent, Counselor and Attorney at Law

For respondent
Benjamin Noah Gutman
Oregon Department of Justice

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 13 2019
    Petition DENIED.
  2. Apr 23 2019
    DISTRIBUTED for Conference of 5/9/2019.
  3. Apr 11 2019
    Waiver of right of respondent Oregon to respond filed.
  4. Feb 06 2019
    Petition for a writ of certiorari filed. (Response due April 25, 2019)